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lunch period the last 30 minutes of shift Nevada

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  • lunch period the last 30 minutes of shift Nevada

    I work at a casino restaurant, company policy is that while working an 8-hour shift you are permitted to: two - 15 minute rest periods, one- 30 minute lunch break. All of this time is paid, and we do not clock out.

    I work 6am-2pm and am receiving a 15 - minute rest period every day at about 8am and then nothing until 1:30pm. I am never given my second 15 minute break, when I ask I am told we are too busy. I have complained to Company HR about this, and was told that we do not clock out for breaks and the supervisors are denying refusing breaks... so basically there is nothing they can do because I can't prove I didn't get all my breaks. I have requested security camera's be checked, but this has not been done.

    I know Nevada law states I am entitled to two -10 minute rest periods and one - 30 minute lunch period. Is there anything designating when those breaks need to be given? It just feels so unfair that I don't get a lunch until I've worked 7.5 hours.

  • #2
    NRS 608.019 Periods for meals and rest.

    1. An employer shall not employ an employee for a continuous period of 8 hours without permitting the employee to have a meal period of at least one-half hour. No period of less than 30 minutes interrupts a continuous period of work for the purposes of this subsection.

    2. Every employer shall authorize and permit all his employees to take rest periods, which, insofar as practicable, shall be in the middle of each work period. The duration of the rest periods shall be based on the total hours worked daily at the rate of 10 minutes for each 4 hours or major fraction thereof. Rest periods need not be authorized however for employees whose total daily work time is less than 3 and one-half hours. Authorized rest period shall be counted as hours worked, for which there shall be no deduction from wages.

    3. This section does not apply to:

    (a) Situations where only one person is employed at a particular place of employment.

    (b) Employees included within the provisions of a collective bargaining agreement.

    4. An employer may apply to the Labor Commissioner for an exemption from providing to all or to one or more defined categories of his employees one or more of the benefits conferred by this section. The Labor Commissioner may grant the exemption if he believes the employer has shown sufficient evidence that business necessity precludes providing such benefits. Any exemption so granted shall apply to members of either sex.

    5. The Labor Commissioner may by regulation exempt a defined category of employers from providing to all or to one or more defined categories of their employees one or more of the benefits conferred by this section, upon his own motion or upon the application of an association of employers. Each such application shall be considered at a hearing and may be granted if the Labor Commissioner finds that business necessity precludes providing that particular benefit or benefits to the employees affected. Any exemption so granted shall apply to members of either sex.

    (Added to NRS by 1975, 1583; A 1977, 82)

    add info - The law does not say there is a certain time when lunch must be taken.
    Last edited by Betty3; 02-16-2010, 12:09 AM. Reason: add info
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